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Last Updated on: 15th October 2023, 01:21 pm
New York Penal Law 155.25 states that “A person is guilty of petit larceny when he steals property”. The key elements are:
Petit larceny does not require the stolen property to be taken from a person directly. It also includes stealing property through fraud, deception, or embezzlement.
Some examples of petit larceny:
There are several potential defenses if accused of petit larceny:
To be guilty, you must have intended to steal the property. For example, accidentally leaving a store without paying is not petit larceny if there was no intent.
The prosecution must prove beyond reasonable doubt you committed the crime. If there is lack of evidence, mistaken identity, or credibility issues with witnesses, you may be found not guilty.
If you return or pay for goods very shortly after, it may show lack of intent to steal. However, concealment alone can constitute intent.
You can argue the property’s value exceeds $1000, making it grand larceny instead of petit larceny. The prosecution must prove the value.
Having a mental disability may be a mitigating factor leading to reduced charges or alternative sentencing.
Stealing due to an immediate threat or necessity (i.e. taking food if starving) may provide a legal defense.
Dealing with a petit larceny charge is stressful. But understanding your options, rights, and next steps can help ensure the best possible outcome for your case. Don’t hesitate to consult an attorney for guidance and legal representation.
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